A federal judge says President Donald Trump can use the Alien Enemies Act to deport Venezuelan citizens who are shown to be members of the Tren de Aragua gang.
The Trump administration, U.S. District Judge Fernando Rodriguez, Jr., ruled, does not "possess the lawful authority under the (Alien Enemies Act), and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country."
An ICE official said in court documents that people are subject to deportation if they don't say they want to challenge their removal within 12 hours after being notified about their rights.
In a brief order, the court directed the Trump administration not to remove Venezuelans held in the Bluebonnet Detention Center in Texas "until further order of this court."
The order marks a win for the Trump administration, even if temporary, and it could well be a harbinger of things to come as the administration continues to clash with federal courts.
U.S. District Judge James Boasberg Thursday pushed, once again, the Justice Department to explain its use of the Alien Enemies Act and provide key details and the timeline of the flights.
Flawed deportation 'checklist' targets Venezuelans using tattoos as one gang identifier. But experts say Tren de Aragua doesn't use tattoos for member identification.
The American Civil Liberties Union and Democracy Forward sued the Trump administration over its use of the wartime law to quickly deport people, which they say violates due process.
The fight over the rarely used wartime power has become central to Trump's immigration crackdown agenda and his efforts to stretch the powers of the executive branch.
NPR talked to the families of four men believed to be in El Salvador. None of them had a serious criminal record in the U.S. Only some had been charged with illegal entry. Three had signed their voluntary departure.